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Full-Text Articles in Law
Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine Mims Crocker
Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine Mims Crocker
Faculty Publications
No abstract provided.
Regulatory Takings And The Original Understanding Of The Takings Clause, Matthew P. Harrington
Regulatory Takings And The Original Understanding Of The Takings Clause, Matthew P. Harrington
William & Mary Law Review
No abstract provided.
The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor
The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor
William & Mary Law Review
No abstract provided.
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Faculty Publications
Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …
Eminent Domain: Depreciated Reproduction Cost In The Valuation Of Trade Fixtures
Eminent Domain: Depreciated Reproduction Cost In The Valuation Of Trade Fixtures
William & Mary Law Review
No abstract provided.